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The Courts

April 24, 2019 | Daily News

Members of Congress from both parties are intervening on opposite sides of a hot-button lawsuit that will help determine whether Medicaid beneficiaries can sue their state government if the state removes certain medical providers -- such as those that perform abortions -- from the state’s Medicaid program.

April 22, 2019 | Daily News

A federal appeals court has agreed to expedite its consideration of the two cases challenging the legality of Medicaid work requirements after CMS asked that the cases be accelerated.

April 18, 2019 | Daily News

In a loss for the brand-drug industry, the U.S. Supreme Court on Monday (April 15) declined to hear Allergan’s appeal defending its sale of patents to a Mohawk tribe, leaving a lower court ruling against Allergan in place.

April 17, 2019 | Daily News

CMS is seeking an accelerated appeal in the litigation over Medicaid work requirements because, according to the agency, a district judge’s recent rulings that invalidated work requirements in Arkansas and Kentucky will cause “significant disruption to the detriment of the states and the federal government.”

April 11, 2019 | Daily News

A key Justice Department political appointee who led oral arguments in the controversial challenge to the Affordable Care Act at the district court level has dropped out of the case and will soon leave DOJ, coming just days after House Democrats told Attorney General William Barr to let his lawyers in the case testify before Congress, and ahead of DOJ’s May 1 deadline to file an opening brief in the appeal.

April 10, 2019 | Daily News

CMS on Wednesday (April 10) appealed a pair of judicial decisions that blocked Medicaid work requirements in Arkansas and Kentucky.

April 10, 2019 | Daily News

The Fifth Circuit Court of Appeals Wednesday granted the Department of Justice’s unopposed request to expediate oral arguments in the controversial challenge to the Affordable Care Act, and set the hearing for the week of July 8.

April 09, 2019 | Daily News

House Democrats put Attorney General William Barr on the hot-seat several times Tuesday over the administration’s switch of positions in Texas v. Azar, first in a letter demanding Barr fully explain the reasoning behind the move, provide access to any related documents and make key Justice Department lawyers available for questioning by April 22, and then during Barr’s appearance at an appropriations hearing.

April 09, 2019 | Daily News

Hospitals say CMS cannot simply ignore the way Congress has written site-neutral and payment policy in defending its decision to cut the pay rates for clinic visits at certain off-campus hospital outpatient facilities “simply because it disagrees” with lawmakers.

April 08, 2019 | Daily News

The Republican attorneys general seeking to overturn the entire Affordable Care Act have reversed course and no longer oppose a July oral argument date in the Texas v. Azar appeal now that the Trump administration has agreed the ACA should be scrapped and has requested a hearing for the week of July 8, which suggests DOJ may be taking the reins from the appellees even though the government formally remains an appellant in the high-profile case.

April 05, 2019 | Daily News

U.S. Court of Claims Judge Margaret Sweeney in late March denied a request from the class action case to file judgment for cost-sharing reduction payments due for the 2017 plan year, which would have allowed Wisconsin-based Common Ground and the more than 90 other issuers in the lawsuit to be a party to an ongoing appeal.

April 03, 2019 | Daily News

The Department of Labor’s Employee Benefits Security Administration is consulting with the Justice Department on whether to appeal a federal court ruling that shot down key parts of the administration’s final rule expanding access to association health plans.

April 02, 2019 | Daily News

A federal district court judge denied multiple requests from the federal government to stop a lawsuit beneficiary advocates first brought about eight years ago seeking appeal rights for Medicare beneficiaries that are put under observation rather than admitted to the hospital, and the judge says the suit should quickly move to trial.

April 01, 2019 | Daily News

Health care stakeholders remain fixated on the lawsuit over the Affordable Care Act’s constitutionality as key Republican and Democratic senators urge Attorney General William Barr to explain the Department of Justice’s surprise move to call for the entire health law to be scrapped and as stakeholders file “friend of the court” briefs in the controversial case, Texas v. Azar, which is now on appeal at the Firth Circuit Court.

March 29, 2019 | Daily News

The health insurance association spearheading a lawsuit to overturn the Trump administration’s rule that promotes short-term health plans says in court filings that their issuers have already noticed an impact on enrollment due to the rule, which they say eliminates any question of standing in the case.

March 29, 2019 | Daily News

New York state has filed a lawsuit against opioid makers and distributors and the Sackler family, which founded Purdue Pharma and developed OxyContin, for false and deceptive marketing of opioids that the state alleges helped spur the opioid epidemic, New York Attorney General Letitia James announced Thursday (March 28).

March 28, 2019 | Daily News

Federal judge John Bates on Thursday sided with a group of Democratic attorneys general and ruled that the Trump administration’s rule expanding access to association health plans (AHPs) is an “end run around the Affordable Care Act,” just days before the final phase of the rule was set to go into effect April 1.

March 28, 2019 | Daily News

The governor of Arkansas said Thursday (March 28) that the state has stopped enforcing its Medicaid work requirements in light of a federal judge’s ruling invalidating the requirements, but he is urging the Trump administration to appeal the decision and remains committed to putting work requirements back into effect.

March 27, 2019 | Daily News

A federal judge on Wednesday (March 27) again rejected the Trump administration’s efforts to add work requirements to Medicaid, blocking one such program from taking effect in Kentucky and canceling another program in Arkansas under which more than 18,000 people lost coverage.

March 27, 2019 | Daily News

Faced with the Department of Justice's surprise decision to seek elimination of the entire Affordable Care Act in an ongoing lawsuit, House Republican committee leaders huddled Wednesday afternoon to work on a response and to start laying plans for an alternative to Obamacare -- but they hope the White House will lead on this.